Oklahoma 2022 Regular Session

Oklahoma House Bill HB3615 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	SENATE FLOOR VERSION - HB3615 SFLR Page 1
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	29	+	SENATE FLOOR VERSION
	30	+	April 11, 2022
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	33	+	ENGROSSED HOUSE
3	34		BILL NO. 3615 By: Ford of the House
4	35
5	36		and
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7	38		Taylor of the Senate
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14	43		An Act relating to public health; amending 63 O.S.
15	44		2021, Section 1-229.35, which relates to vapor
16	45		manufacturers reporting; changing compliance
17	46		deadline; and declaring an emergency.
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22		-	SUBJECT: Public health
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24	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
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26	52		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-229.35, is
27	53		amended to read as follows:
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29	54		Section 1-229.35 A. Beginning July 1, 2022 2023, every
30	55		manufacturer of a vapor product that is sold or intended to be sold
31	56		in this state, whether directly or through a distributor, re tailer,
32	57		or similar intermediary or intermediaries, shall execute and deliver
33	58		an attestation under penalty of perjury to the Oklahoma Alcoholic
34	59		Beverage Laws Enforcement (ABLE) Commission cer tifying that, as of
35	60		the date of such attestation:
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37	61		1. The vapor product was available for purchase in the United
38	62		States as of August 8, 2016, and the manufacturer has applied for a
39	63		marketing order for the vap or product by submitting a Premarket
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	65	+	SENATE FLOOR VERSION - HB3615 SFLR Page 2
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40	91		Tobacco Product Application on or before September 9, 2020, to the
41	92		United States Food and Drug Administration (FDA); or
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43	93		2. The manufacturer has received a marketing order or other
44	94		authorization for the vapor product fr om the FDA pursuant to Section
45	95		387j of Title 21 of the United States Code.
46		-	ENR. H. B. NO. 3615 Page 2
47	96		B. The manufacturer shall notify the A BLE Commission within
48	97		thirty (30) days of any material change to the attestation,
49	98		including whether the FDA has issued or not issued a market order or
50	99		other authorization or has ordered the manufacturer to remove the
51	100		vapor product, either temporarily or pe rmanently, from the United
52	101		States market.
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54	102		C. The ABLE Commission shall develop a directory listing all of
55	103		the manufacturers that have provide d attestations that comply with
56	104		subsection A of this section and all vapor products that are listed
57	105		in such attestations. The ABLE Commission shall:
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59	106		1. Make the directory available for public inspection on its
60	107		website on or before October 1, 2022 2023; and
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62	108		2. Update the directory as necessary to corr ect mistakes and to
63	109		add or remove manufacturers or vapor products to ma intain the
64	110		directory in conformity with the requirements of this section.
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66	111		D. It shall be unlawful for any person, directly or indirectly ,
67	112		to knowingly manufacture, distribute, sell, ba rter, or furnish in
68	113		this state any vapor product that is not included i n the directory.
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70	141		SECTION 2. It being immediately necessary for the p reservation
71	142		of the public peace, health or safety, an emergency is hereby
72	143		declared to exist, by re ason whereof this act shall take effect and
73		-	be in full force from and after its passage and approval. ENR. H. B. NO. 3615 Page 3
74		-	Passed the House of Representatives the 23rd day of March, 2022.
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79		-	Presiding Officer of the House
80		-	of Representatives
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83		-	Passed the Senate the 25th day of April, 2022.
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88		-	Presiding Officer of the Senate
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91		-	OFFICE OF THE GOVERNOR
92		-	Received by the Office of the Governor this ____________________
93		-	day of ___________________, 20_ ______, at _______ o'clock _______ M.
94		-	By: _________________________________
95		-	Approved by the Governor of the State of Oklahoma this _____ ____
96		-	day of ___________________, 20_______, at _______ o'clock _______ M.
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99		-	_________________________________
100		-	Governor of the State of Oklahoma
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102		-	OFFICE OF THE SECRETARY OF STATE
103		-	Received by the Office of the Secretary of State this __________
104		-	day of ___________________, 20_______, at _______ o'clock _______ M.
105		-	By: _________________________________
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	144	+	be in full force from and after its passage and approval.
	145	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVI CES
	146	+	April 11, 2022 - DO PASS